Santa Monica — 2024-10-08

A. Approve Deal Terms and Authorize Development and Disposition Agreement (DDA) and Ground\nLease for 1318 4th Street\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding that the actions to approve the Ground Lease and DDA for the Project (as\ndescribed in the staff recommendation, below) are exempt from CEQA pursuant to CEQA\nGuideline section 15182 and a finding that the Project has been previously analyzed in\nthe Downtown Community Plan Environmental Impact Report (SCH# 2013091056) and\nthe 6th Cycle Housing Element Environmental Impact Report (SCH# 2020100575).\n2. Authorize the City Manager to negotiate and execute a Ground Lease with a ninety-nine\n(99) year term and a Disposition and Development Agreement (DDA), with EAH Inc for\ndevelopment and operation of affordable and permanent supportive housing on City-\nowned property located at 1318 4th Street (the “Project”).\n3. Authorize the City Manager to award a grant in an amount not to exceed $2,000,000, to\nbe used for pre-development costs for the Project, as negotiated in the DDA.\n4. Adopt a finding that the actions to approve the Ground Lease and DDA for the Project (as\ndescribed in the staff recommendation, below) are exempt from CEQA pursuant to CEQA\nGuideline section 15182 and a finding that the Project has been previously analyzed in\nthe Downtown Community Plan Environmental Impact Report (SCH# 2013091056) and\nthe 6th Cycle Housing Element Environmental Impact Report (SCH# 2020100575).\n5. Authorize the City Manager to negotiate and execute all necessary documents to make a\nHousing Trust Fund loan to EAH, Inc. in an amount consistent with the Housing Trust\nFund Guidelines loan limits.\nStaff Report Printout\na. Attachment A: April 9, 2024 Staff Report\nb. Attachment B: DDA Term Sheet - 1318 4th St.\nc. Attachment C: Oaks Initiative Form - EAH Inc.\nd. Attachment D: Levine Act Disclosure Form - EAH Inc

A. Public Hearing and Adoption of Resolution Approving the California Municipal Finance Authority\n(“CMFA”) to Issue Revenue Bonds for the Benefit of 1634 20th Street, LP\nRecommended Action\nStaff recommends that the City Council:\n1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility\nAct (“TEFRA”) and the Internal Revenue Code of 1986, as amended;\n2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines; and\n3. Adopt a resolution approving the issuance of California Municipal Finance Authority\nbonds in an amount not-to-exceed $45,000,000 for the benefit of 1634 20th Street LP or\na related or successor entity for the purpose of financing or refinancing the acquisition,\nconstruction, improvement, and equipping of a multifamily rental housing project located\nat 1634 20th Street, Santa Monica.\nStaff Report Printout\na. Attachment A - 1634 20Th Street LP Resolution 100824

A. Adoption of a Resolution Amending the Council Rules of Procedure Regarding Councilmember\nDiscussion Items (16 items)\nRecommended Action\nStaff recommends the City Council:\n1. Adopt the resolution amending the Council Rules of Procedure regarding Councilmember\nDiscussion Items (16 items); and\n2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. Reso-Council Rules

A. Appointment to one unscheduled vacancy on the Clean Beaches & Ocean Parcel Tax Citizens\nOversight Committee for a term ending on June 30, 2025. New Item Received 10/03/2024\nStaff Report Printout\nb. Applicant List

B. Request by Mayor Phil Brock, Vice-Mayor Lana Negrete, and Councilmember Oscar de la Torre that\nthe City Council endorse Proposition 36 on the November 2024 statewide ballot. Proposition 36\nmakes several key changes related to punishments for theft and drug crimes. First, it increases\npunishment for some of these crimes. Second, it creates a new treatment-focused court process for\nsome drug possession crimes. Third, it requires courts to warn people convicted of selling or\nproviding illegal drugs to others they can be charged with murder if they keep doing so and someone\ndies. (Attachments include the full text of the ballot measure and an analysis by the Legislative\nAnalyst’s Office-The CA Legislature’s Nonpartisan Fiscal and Policy Advisor)\nNew Item Received 10/03/2024\nStaff Report Printout\na. prop36-text-proposed-laws\nb. Prop 36 - LAO Analysis

C. Request by Councilmember Davis to direct the City Attorney to prepare and return at the next\nmeeting with an ordinance that would prohibit gifts to Councilmembers, using definitions of gifts and\nexceptions in the California Political Reform Act, and adding an exception for entry and meals when\nattending events in an official City capacity. New Item Received 10/03/2024\nStaff Report Printout

D. Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the\nZoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU)\nfrom 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law.\nNew Item Received 10/03/2024\nStaff Report Printout

E. Request by Councilmember Christine Parra and Vice Mayor Lana Negrete that the City Council\nconsider providing additional support for the 4th Annual Westside Unity Classic Car Show presented\nby Pico Youth & Family Center (PYFC) that took place on the pier on September 14, 2024 by\ndirecting the City Manager to retroactively waive the City’s portion of fees for use of the pier parking\nlot for PYFC. Waived City fees related to the Westside Unity Classic Car Show include the parking lot\nbuy-out fee in an amount up to $11,880. New Item Received 10/03/2024\nStaff Report Printout

F. Request of Councilmembers Davis and Zwick that the City Attorney and City Manager review and\nanalyze SB 969, which recently was signed by Governor Newsom, and with due speed take all\nnecessary steps and draft all necessary ordinances and policies that would allow the establishment\nof an entertainment zone (as that term is defined in SB 969) on the Third Street Promenade in\nDowntown Santa Monica. New Item Received 10/03/2024\nStaff Report Printout\na. California-2023-SB969-Enrolled

A. City Manager Report New Item Received 10/03/2024\nStaff Report Printout

A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): John U.N.B. Doe v.\nCity, LASC 23STCV12746; Hector Orozco v. John Doe: Does 1-2, LASC 23SMCV03120; John Doe 1 v.\nCity, LASC 23STCV15009; John Doe (A.G.) v. Santa Monica Police Activities League, LASC\n23SMCV06066; John JPC Doe v. Doe City, LASC 23STCV22020; John AD Doe v. City, LASC\n23STCV26548; John CW Doe v. City, LASC 23STCV29623; John Doe 15 v. City, LASC 24STCV07647;\nJohn GA Doe v. Doe City, LASC 24STCV06484; John ULW Doe v. City, LASC 24STCV06768; Joseph\nGarcia v. SMPAL, LASC 24SMCV01368; John Doe 18 v. City, LASC 24STCV08239; John RR Doe v.\nCity, LASC 24STCV09398; John Doe 33 v. Roe 1, LASC 24STCV15580; John Doe 48 v. City, LASC\n24STCV15420; John Doe 49 v. Roe 1, LASC 24STCV19296; Jane EB Doe v. City, LASC\n24STCV24146; Jane DD Doe v. City, LASC 24SMCV04421; Jane Doe 1 v. City, LASC 24STCV06207\nNew Item Received 10/03/2024\nStaff Report Printout

B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City of Santa Monica\nv. ICSOP, et al.; OCSC Case No. 30-2022-01261243 New Item Received 10/03/2024\nThe following is the order of business for items to be heard no earlier than 7:00 p.m.

A. Annual Fire Inspection Report per SB1205\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a resolution acknowledging receipt of a report on the status of state-mandated\nannual fire inspections in the City of Santa Monica pursuant to California Health and\nSafety Code Section 13146.4; and\n2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nGuidelines.\nStaff Report Printout\na. Fire Inspection Resolution per SB 1205

B. Award Contract for Inspection and Maintenance of City’s Stormwater Infrastructure\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt findings of Categorical Exemptions pursuant to Section 15301 (Existing\nFacilities) and Section 15308 (Actions for Protection of the Environment), of the\nCalifornia Environmental Quality Act (CEQA) Guidelines;\n2. Award RFP# SP2708 to United Storm Water, Inc., a California-based company, to\nprovide inspection and maintenance services for the City’s stormwater\ninfrastructure;\n3. Authorize the City Manager to negotiate and execute an agreement with United\nStorm Water, Inc, in an amount not to exceed $2,626,457 (including a 10%\ncontingency) for five (5) years, with one renewal option of up to two (2) years in the\namount of $1,164,203(including 10% contingency) for a total amount not to exceed\n$3,790,660 over a 7 year period, with the future year funding contingent on council\nbudget approval.\nStaff Report Printout\na. Staff Report - April 28, 2020\nb. Oaks Initiative Disclosure Form\nc. Levine Act Disclosure Form

C. Adoption of Affordable Housing Production Program Fee Resolutions\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt the attached Resolution increasing the Affordable Housing Unit Base Fee by 6.1\npercent for new market-rate apartments and condominiums (Attachment A).\n2. Adopt the attached Resolution increasing the Affordable Housing Unit Development Cost by\n6.1 percent (Attachment B).\n3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.\nStaff Report Printout\na. Affordable Housing Unit Fees Resolution\nb. Affordable Housing Development Cost Resolution\nc. Proposed FY 2024-25 Annual Automatic Adjustment for the Affordable Housing Unit Base Fee\nd. Proposed FY 2024-25 Annual Automatic Adjustment for the Affordable Housing Unit Development\nCost\ne. AHPP Administrative Guidelines\nf. October 10, 2023 Staff Report\ng. June 13, 2006 Staff Report\nh. July 21, 1998 Staff Report

D. Approval of First Modification to Tyler Technologies Agreement for the Enterprise Resource Planning\n(ERP) System\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)\n(Common Sense Exemption) of the California Environmental Quality Act (CEQA)\nguidelines; and\n2. Authorize the City Manager to negotiate and execute a first modification to agreement\n#10062 (CCS) in the amount of $1,851,000 (including a $10,000 contingency) with Tyler\nTechnologies, Inc. (Tyler Tech.), to provide maintenance and support for Tyler’s\nEnterprise Resource Planning (ERP) software system for the Finance Department. This\nwill result in a 5-year amended agreement with a new total amount not to exceed\n$6,211,000, with future year funding contingent on Council budget approval.\nStaff Report Printout\na. May 12, 2015 Staff Report\nb. Tyler Technologies ERP System (10062) - Original Contract (2015)\nc. Tyler Technologies - Living Wage Form FY24-25\nd. Tyler Technologies - Oaks Initiative Form (2024)\ne. Tyler Technologies - Levine Act Disclosure Form (2024)

E. Adoption of Resolution Declaring Surplus Properties\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a Resolution declaring the seven City-owned parcels at Assessor Parcel Numbers\n(APNs) 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905\n(“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”) as\nsurplus lands to comply with the Surplus Land Act.\n2. Adopt a finding of categorical exemption pursuant to Section 15312 of the California\nEnvironmental Quality Act (CEQA) Guidelines and a finding of no possibility of significant\neffect on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines.\nStaff Report Printout\na. Attachment A - Resolution No. 11327 (CCS)\nb. Attachment B - Resolution No. 11470 (CCS)\nc. Attachment C - 2024.10.8 SLA Resolution\nd. Adoption of Resolution Declaring Surplus Properties 3.23.2021 Staff Report\ne. Adoption of Resolution Declaring Surplus Properties 10.11. 2022 Staff Report

F. Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the\nAIDS/LifeCycle 2025 Finish Line Festival\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal\nOperations of Facilities for Public Gatherings) of the California Environmental Quality Act\n(CEQA) Guidelines; and\n2. Authorize the City Manager to negotiate and execute a license agreement with the San\nFrancisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 7-8,\n2025 for the “AIDS/LifeCycle 2025 Finish Line Event.”\nStaff Report Printout\na. January 10, 2023 Staff Reporting Authorizing License Agreement for 2023 AIDS LifeCycle Finish\nLine Festival\nb. August 22, 2023 Staff Report Authorizing License Agreement for 2023 AIDS LifeCycle Finish Line\nFestival\nc. ALC 2025-FLF-Event Narrative 20240801\nd. ALC 2025-SaMo Oaks Initiative Form 20240801\ne. 2024 AIDS LifeCycle Finish LIne Festival License Agreement\nf. ALC 2025-SaMo Levine Act Disclosure 20240926

G. Approval of Cancellation of Regular City Council Meetings for November 12 and 26 and Amending\n2024 Council Meeting Resolution\nRecommended Action\nStaff recommends that the City Council vote to cancel the regular meetings scheduled for\nNovember 12 and November 26, 2024, due to a lack of a quorum, and adopt the attached\nresolution amending the 2024 Council regular meeting calendar.\nStaff Report Printout\na. Resolution establishing the City Council meeting schedule for 2024

H. Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance for\nConsistency with the Goals, Policies, and Programs Set forth in the 6th Cycle (2021-2029) Housing\nElement; to Allow for the Separate Conveyances of Accessory Dwelling Units in accordance with AB\n1033; Incorporate Interim Zoning Regulations Authorizing the Establishment of Objective Design\nStandards for Housing Projects that Qualify for the Streamlined Ministerial Approval Established by\nSB35; Integrate Development Standards and Land Use Regulations for the Bergamot Area Plan, with\nAmendments for Consistency with the Goals, Policies and Programs Set Forth in the 6th Cycle\nHousing Element, Updates to Development Standards for Non-Housing Projects, and Other Minor\nAmendments for Consistency with the Zoning Ordinance; for Consistency with Recent Updates to\nState Housing Law; and Making Other Minor Changes, Corrections, and Clarifications\nRecommended Action\nStaff recommends that the City Council adopt the attached Ordinance.\nStaff Report Printout\na. CDD-Ord-6th Cycle HE Phase 2 2d 100824

A. Study Session on the City of Santa Monica's Proposed Games Agreement with the LA28 Olympic and\nParalympic Games Organizing Committee\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15272 (Olympic Games) of\nthe California Environmental Quality Act (CEQA) Guidelines;\n2. Hold a study session on the Games Agreement and options and alternatives to host\nbeach volleyball for the LA28 Olympics, weighing the potential benefits of direct\ninvolvement against the potential long-term financial and legal risks to the City;\n3. Receive public comment; and\n4. Provide direction to staff on how to proceed.\nStaff Report Printout\na. City and Venue Guarantee Letters\nb. City of Carson Games Agreement\nc. City of Inglewood Games Agreement\nd. City of Long Beach Games Agreement\ne. 2028 Olympic Games Fiscal Impact Analysis for Santa Monica (HR&A)\nf. City of Los Angeles Games Agreement\ng. AB132 LA28 State Guarantee (2017)\nh. August 22, 2023 City Council Staff Report (weblink)\ni. September 13, 2016 City Council Staff Report (weblink)

B. Budget Study Session on Enhancing Public Safety and Addressing Homelessness\nRecommended Action\nStaff recommends that the City Council:\n1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) of the California\nEnvironmental Quality Act (CEQA); and\n2. Provide direction on making investments to enhance public safety and address\nhomelessness in connection with Measures K and PSK on the November 2024 ballot.\nStaff Report Printout\na. June 28, 2024 Adoption of Fiscal Year 2024-2025 Operating Budget and FY 2024-2026 Capital\nImprovement Program Plan\nb. 2020 to 2024 Service Impacts\nc. 2023 Annual Crime Statistics\nd. May 14, 2024 Annual Interdepartmental Update on Homelessness\ne. Santa Monica Joint Dispatch Study Report